Prosecutors, public defenders make case against cameras in N.H. courts

By The Associated Press

10.03.02

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DOVER, N.H. — In an unusual alliance, prosecutors and public defenders joined yesterday to argue that New Hampshire judges should retain their right to exclude cameras, microphones and tape recorders from their courtrooms.

Television cameras can affect testimony and make it hard to find an unbiased jury, public defender Richard Guerriero told the state Supreme Court, which held a special session in front of 500 students at Dover High School.

"If a witness knows her testimony — tear for tear and quaver for quaver — is going to be on the 6 o'clock news, that's going to be intimidating," Guerriero said.

Senior Assistant Attorney General Kelly Ayotte argued that members of the public are not allowed to bring cameras and tape recorders into courtrooms, and the media should not have greater privileges unless a judge decides the equipment won't be disruptive.

"The press's right to attend court proceedings and the public's right are the same," Ayotte said. Granting the news media a right to bring in cameras and tape recorders "will hamstring trial judges to make decisions in particular cases," she said.

But a lawyer for several news media organizations said the court should tell judges to allow cameras and tape recorders unless lawyers can show a compelling reason to exclude them. James Bassett said the state constitution requires public access to the courts, and broadcasters make that access more meaningful.

The court should favor "expansive and open government and making information available to the greatest number of people possible, without impinging on other rights," he said.

He said numerous studies suggest that cameras do not affect witnesses or jurors.

"Witnesses and jurors and everyone else present in the courtroom very quickly forget cameras are present," he said.

The case arose from the prosecution earlier this year of two Vermont teenagers accused of murdering Dartmouth College professors Half and Suzanne Zantop. Superior Court Judge Peter Smith said he would ban television and still cameras, tape recorders and microphones from Robert Tulloch's trial.

Several media organizations appealed before Tulloch decided to plead guilty to first-degree murder. The state Supreme Court ordered Smith to allow cameras and audio recording at the plea hearing and sentencing.

That order noted that Tulloch's constitutional right to a fair trial would not be affected, because there was no trial and no jury. But it left unanswered the question of whether cameras and tape recorders should be allowed at trials, pretrial hearings and sentencing hearings.

The New Hampshire Association of Broadcasters, WMUR-TV and The Boston Globe asked the court to decide that broader question and the court agreed.

Now, court rules assume cameras and microphones will be banned unless the judge allows them.

"Why shouldn't the rule put the burden on those seeking to keep cameras out?" Justice Joseph Nadeau asked.

"If we expect to encourage more coverage and better coverage of the judicial system, why shouldn't we make it easier for television to do its job, and that's with video images?" he asked.

There is no timetable for a decision.

Update

N.H. courts to be more open to news media
State Supreme Court spells out tough new rules for closing trials to cameras, tape recorders.  12.13.02

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N.H. justices to consider allowing cameras in criminal trials
State high court agrees to take up issue even though case that sparked news media's appeal is over.  06.04.02